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MEMPHIS LIGHT, GAS & WATER v. AUBURNDALE SCH.

705 S.W.2d 652 (1986)

MEMPHIS LIGHT, GAS & WATER DIVISION, A DIVISION OF THE CITY OF MEMPHIS, Plaintiff-Appellant, v. The AUBURNDALE SCHOOL SYSTEM, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

February 24, 1986.

Attorney(s) appearing for the Case

Frierson M. Graves, Jr., Robert Mark Glover and Pete Greer, Memphis (Heiskell, Donelson, Bearman, Adams, Williams & Kirch, of counsel), for plaintiff-appellant.

Carlos C. Smith, Frederick L. Hitchcock and Edward D. Meyer, of Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, for amicus curiae, Tenn. Valley Public Power Assn.

Mimi Phillips White, Memphis, for defendant-appellee.

OPINION

HERSCHEL P. FRANKS, Special Justice.

The issue presented by this appeal is whether a customer is required to pay for all electricity consumed where the utility has, for a number of years, negligently under-billed the customer.

The circuit judge awarded the utility a judgment for $32,316.29. In a split decision, the Court of Appeals reversed, the majority holding the utility was equitably estopped from collecting all but the last six months...

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